LAXMAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The application of Laxman appellant for suspension of sentence has come up for hearing today and during the course of arguments on the application, the learned counsel for both the parties agreed that since the entire case rests on the question as to what offence would be made out in the facts and circumstances of the case, we have taken up the appeal for hearing.

(2.) The trial court vide its judgment dated 16-11-1990 convicted the accused appellant Laxman for an offence under Section 302 IPC and sentenced him to Life Imprisonment and a fine of Rs. 500/- and in default of payment of fine to further undergo six months R.I.

(3.) Brief facts giving rise to this appeal are that a report was lodged at Police Station Gagal on July 21, 1986 by one Smt. Ladi alleging that animosity exists from before between Rama and other accused persons on the one side and her husband Deva on the other side, because of a dispute in respect of an agricultural land. On the morning of 21st July, when her husband was leaving for Ajmer for attending the court, it was alleged that he was attacked by the accused person who were 12 in number. Her husband Deva sustained injuries and he has brought to Jawahar Lal Nehru Hospital, Ajmer. A case under Sections 147, 148 and 307 IPC was registered against the 12 accused persons including the accused appellant. Since the injured Deva succumbed to the injuries, the offence was converted into one under Section 302, IPC. After investigation, the police submitted charge sheet against 12 accused persons, who were committed to the court of Sessions to stand trial. The learned Sessions Judge, transferred the case to the court of additional Sessions Judge No.1, Ajmer. The prosecution examined 15 witnesses in support of its case and in defence 4 witnesses were examined. The trial court disbelieved the prosecution witnesses qua 11 accused persons but held the case proved against that accused appellant and convicted and sentenced him as mentioned above.